Employment Law · Haute Lawyer Network
What Is Pregnancy Discrimination in the Workplace?
Last reviewed: June 2026
The Pregnancy Discrimination Act (PDA) of 1978 amended Title VII to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination prohibited by Title VII. The PDA requires employers to treat pregnant employees the same as similarly situated employees who are not pregnant — meaning a pregnant employee must receive the same accommodations, light duty assignments, and leave opportunities as an employee with a similar ability to work who is not pregnant. The Pregnant Workers Fairness Act (PWFA), effective June 2023, expanded protections by requiring employers to provide reasonable accommodations to pregnant employees and job applicants — similar to ADA accommodation requirements — unless doing so would impose an undue hardship.
Frequently Asked Questions
What is a common example of pregnancy discrimination?
Firing a woman after she announces her pregnancy, refusing to promote a pregnant employee while promoting comparable non-pregnant employees, denying a pregnant employee a light duty assignment while providing it to injured employees, and forcing pregnant employees to take leave before they are ready.
Can an employer ask if I am pregnant during a job interview?
No. Asking about pregnancy, plans to become pregnant, or family planning is inappropriate and can constitute evidence of discriminatory intent.
What is the difference between the PDA and the Pregnant Workers Fairness Act?
The PDA requires equal treatment — pregnant employees must be treated the same as similarly situated non-pregnant employees. The PWFA requires affirmative accommodation — employers must provide reasonable accommodations for pregnancy-related limitations even if similarly situated non-pregnant employees would not receive them.
Do pregnancy protections cover postpartum conditions?
Yes. The PDA covers conditions related to pregnancy and childbirth — including postpartum depression, recovery from childbirth complications, and breastfeeding (in many states and under the PWFA).
Does pregnancy discrimination protection apply to small employers?
Title VII and the PDA apply to employers with 15 or more employees. The PWFA has the same threshold. Many states have broader protections covering smaller employers.
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